2024-11-22_PERMIT FILE - C1992081

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RN17-05 3-5 Revised 12/17 4. Colorado Department of Transportation consent to assignment from W.R. Grace and Company to Hayden Gulch Terminal, Inc. of all rights held under Permit No. 5-7-77 for a rail crossing Right-of-Way on Highway 40. 5. Colorado Department of Transportation, Utility Permit 5-7-77. 6. Road Use Agreement, Tie-Across Haul Road, Right-of-Entry Agreement between Seneca Coal Company and Hayden Gulch Terminal, Inc. 7. Surface Use Agreement Assignment between Hockett Brothers and Cottonwood Land Company. 8. Easement Agreement between West Routt Rural Health Council, Inc. and Hayden Gulch Terminal, Inc. right to access water well on Lot 2B, Hayden Gulch Terminal Subdivision, Filing No. 3 (recorded at Reception Number 546877 on 6/15/2001}. 9. Routt County Board of County Commissioners, Underground and Utility Permit for construction of water supply line under County Road 37. Rule 2.03.7 Statement that the Proposed Permit Area is Not Unsuitable for Operations On January 4, 1992, the Colorado Division of Minerals and Geology (then Colorado Mined Land Reclamation Division} made the following findings with regard to the H-G Coal Company Permit No. C-80-003 renewal, which included the loadout facility for which Hayden Gulch Terminal, Inc. sought a new permit (Source: Mining Permit - Coal, Permit No. C-80-003, January 4, 1992}: RECITAL III.d} "Granting the permit will not conflict with any designation decision issued pursuant to Section 522 of the Federal 'Surface Mining Control and Reclamation Act of 1977,' as amended, (P.L. 95-87}, nor is the area proposed to be mined within an area under study for unsuitability designation in an administrative proceeding commenced pursuant to Section 34-33-126 or Section 522 of said P.L. 95-87." On the basis of the above finding and information contained in the original application package for Permit C-80-003 (Section 2.03.7, Volume 1), HGTI asserts that the proposed permit area is not within an area designated, or under study for designation, as unsuitable for surface coal mining operations. Rule 2.03.7(3) Ownership Waivers There are no inhabitable dwellings within 300 feet of the Hayden Gulch coal handling facility area. Rule 2.03.8 Permit Term Information On December 15, 1992, Hayden Gulch Terminal, Inc. executed the Asset Purchase Agreement with H-G Coal Company and Axial Basin Ranch Company to purchase, along with other assets, the Hayden Gulch Loadout. The Hayden Gulch Loadout facility was included in H-G Coal Company Permit No. C-80-003. The H-G Coal Company permit was initially issued by the Colorado Division of Minerals and Geology (CDMG) on January 4, 1982. The Permit was successfully renewed on two occasions, January 4, 1987 and January 4, 1992. On December 15, 1992 Hayden Gulch Terminal, Inc. submitted a new permit application to the CDMG covering only the Hayden Gulch Loadout. On May 22, 1993, the CDMG issued Hayden Gulch Terminal, Inc. a new permit covering only the Hayden Gulch Loadout facility under Permit No. C-92-081. The original permit term expired on May 22, 1998. HGTI filed a permit